Joseph Hage Aaronson

Appeals: Review of S.J. Denial Limited to Pure Issues of Law If No Rule 50 Motion — Absent Objection, Instructions Reviewable Only for Errors Affecting Substantial Rights and Plain Error

T. Levy Assocs., Inc., v. Kaplan, 2018 WL 6002881 (3d Cir. Nov. 15, 2018): *1 Defendants Michael and Nina Kaplan (“Mr. and Mrs. Kaplan”) and Mrs. Kaplan’s company BLC Beauty, Inc. (collectively, “the Kaplans”) appeal from the District Court’s orders…

Trying Issue Not in Pretrial Order: 5-Factor Test — Omission of Expert Opinion from Rept. Cured by Dep. — Stick Figure Demonstrative OK under 611 — OK to Rely on Hearsay in 803(6) Testimony — Spoliation after Expert Review Sanctioned

Callahan v. Pac. Cycle, Inc., 2018 U.S. App. LEXIS 32953 (4th Cir. Nov. 21, 2018): PER CURIAM: Virginia Callahan and her minor granddaughter T.G. ("Appellants") initiated this action against Pacific Cycle and Toys "R" Us ("Appellees"). Appellants alleged various …

Sanctions Inappropriate under Rule 37 If 37(a)(1) Meet-&-Confer Duty Unsatisfied — Rule 11 Sanctions Unavailable If Safe Harbor Ignored — District Court Not Authorized to Suspend Fed. R. Civ. P.

Bush v. Chancery Court, 2018 U.S. App. LEXIS 30239 (6th Cir. Oct. 25, 2018): Thomas K. Bush, proceeding pro se, appeals the district court's order dismissing his complaint and denying several motions he filed in this case related to…

Reasonable Attorney’s Fees under § 1988 for a Prevailing Party May Be $0 — Inherent Power: While a Case May Be So Meritless as to Evince Bad Faith, Most Cases Require Proof of Subjective Bad Faith (Good Quote)

Martin v. Greisman, 2018 U.S. App. LEXIS 30213 (10th Cir. Oct. 26, 2018): ORDER AND JUDGMENT* Richard Greisman appeals the district court's order granting in part and denying in part his motion for sanctions and its subsequent order…

Texts Authenticated by 803(6) Testimony from Carrier Linking Them to Party’s Number + Contents Tying Them to Party — Admissibility: Incoming Texts Only OK for Context If They Are Offered for Non-Hearsay Purpose

Johnson v. State, 2018 Ga. App. LEXIS 620 (Ga. Ct. App. Oct. 29, 2018): After a jury trial, Darius Johnson was found guilty of armed robbery and hijacking a motor vehicle in connection with the robbery of a pizza…

International Discovery: 28 U.S.C. § 1782 Does Not Apply to Arbitration — “Tribunal” Refers to Government-Affiliated Bodies

In re Servotronics, Inc., 2018 U.S. Dist. LEXIS 189423 (D.S.C. Nov. 6, 2018): This matter is before the court on SERVOTRONICS, INC.'s ("SERVOTRONICS") ex parte application for an order pursuant to 28 U.S.C. § 1782 to take discovery for…

Inherent Power Sanctions: Court Has Inherent Power to Impose Monetary Sanction for Violation of Vexatious Litigant Order — Due Process Satisfied by Court Warning and Warning in Order Itself

Konarski v. City of Tucson, 2018 U.S. App. LEXIS 26459, 2018 WL 4462198 (9th Cir. Sept. 18, 2018) (unpublished): MEMORANDUM* Frank, Gabriela, Patricia, John, and Frank E. Konarski appeal pro se from the district court's order imposing monetary…

Expert Testimony: While Handwriting Analysis ≠ a Science, It Is an Experience-Based Expertise That, If Reliable, May Be Admitted — Videotaped Depositions in Criminal Trials: Admissibility Factors

United States v. Mallory, 2018 U.S. App. LEXIS 24683 (6th Cir. Aug. 30, 2018) (compare the case posted on 6/2/16 rejecting handwriting analysis as a proper subject of expert testimony): A jury convicted Kurt Mallory, Margaret McKnight, and Susan…

Vexatious Litigant Injunctions — 2d Circuit Standards — Injunction Should Not Categorically Bar Suits But Require Prior Court OK — Injunction Shouldn’t Extend Fully to State Court But May, e.g., Require Injunction Order to Be Appended to State Court

Vassel v. Firststorm Props. 2 LLC, 2018 WL 4492442 (2d Cir. Sept. 19, 2018): *1 Paul Anthony Vassel, pro se, sued several individuals and entities in connection with a foreclosure proceeding initiated against him after he allegedly defaulted on a…

Spoliation of Tangible Evidence (Video) — 11th Circuit Factors + Bad Faith Required for Adverse Inference — Concession That Video Might’ve Aided Other Side Negates Prejudice, As Does Fact Court Credited Testimony of Non-Spoliating Party

Alston v. City of Darien, 2018 U.S. App. LEXIS 26621, 2018 WL 4492422 (11th Cir. Sept. 19, 2018) (unpublished): PER CURIAM: After George Alston was arrested for a minor traffic violation, he brought suit under 42 U.S.C. § 1983 …

Commercial Litigation and Arbitration

Appeals: Review of S.J. Denial Limited to Pure Issues of Law If No Rule 50 Motion — Absent Objection, Instructions Reviewable Only for Errors Affecting Substantial Rights and Plain Error

Trying Issue Not in Pretrial Order: 5-Factor Test — Omission of Expert Opinion from Rept. Cured by Dep. — Stick Figure Demonstrative OK under 611 — OK to Rely on Hearsay in 803(6) Testimony — Spoliation after Expert Review Sanctioned

Sanctions Inappropriate under Rule 37 If 37(a)(1) Meet-&-Confer Duty Unsatisfied — Rule 11 Sanctions Unavailable If Safe Harbor Ignored — District Court Not Authorized to Suspend Fed. R. Civ. P.

Reasonable Attorney’s Fees under § 1988 for a Prevailing Party May Be $0 — Inherent Power: While a Case May Be So Meritless as to Evince Bad Faith, Most Cases Require Proof of Subjective Bad Faith (Good Quote)

Texts Authenticated by 803(6) Testimony from Carrier Linking Them to Party’s Number + Contents Tying Them to Party — Admissibility: Incoming Texts Only OK for Context If They Are Offered for Non-Hearsay Purpose

International Discovery: 28 U.S.C. § 1782 Does Not Apply to Arbitration — “Tribunal” Refers to Government-Affiliated Bodies

Inherent Power Sanctions: Court Has Inherent Power to Impose Monetary Sanction for Violation of Vexatious Litigant Order — Due Process Satisfied by Court Warning and Warning in Order Itself

Expert Testimony: While Handwriting Analysis ≠ a Science, It Is an Experience-Based Expertise That, If Reliable, May Be Admitted — Videotaped Depositions in Criminal Trials: Admissibility Factors

Vexatious Litigant Injunctions — 2d Circuit Standards — Injunction Should Not Categorically Bar Suits But Require Prior Court OK — Injunction Shouldn’t Extend Fully to State Court But May, e.g., Require Injunction Order to Be Appended to State Court

Spoliation of Tangible Evidence (Video) — 11th Circuit Factors + Bad Faith Required for Adverse Inference — Concession That Video Might’ve Aided Other Side Negates Prejudice, As Does Fact Court Credited Testimony of Non-Spoliating Party

Recent Articles

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

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